PRESIDENTIAL DECREE No.

532 August 8, 1974

ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974

WHEREAS, reports from law-enforcement agencies reveal that lawless elements are still committing acts
of depredations upon the persons and properties of innocent and defenseless inhabitants who travel from
one place to another, thereby distributing the peace, order and tranquility of the nation and stunting the
economic and social progress of the people;

WHEREAS, such acts of depredations constitute either piracy or highway robbery/brigandage which are
among the highest forms of lawlessness condemned by the penal statutes of all countries; and,

WHEREAS, it is imperative that said lawless elements be discouraged from perpetrating such acts of
depredations by imposing heavy penalty on the offenders, with the end in view of eliminating all obstacles
to the economic, social, educational and community progress of the people;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution and pursuant to proclamation No. 1081, dated September 21, 1972 and
No. 1104, dated January 17, 1973 and General Order No. 1, dated September 22, 1972, do hereby order
and decree as part of the law of the land the following:

Section 1. Title. This Decree shall be known as the Anti-Piracy and Anti-Highway Robbery Law of 1974.

Section 2. Definition of Terms. The following terms shall mean and be understood, as follows:

a. Philippine Waters. It shall refer to all bodies of water, such as but not limited to, seas, gulfs,
bays around, between and connecting each of the Islands of the Philippine Archipelago,
irrespective of its depth, breadth, length or dimension, and all other waters belonging to the
Philippines by historic or legal title, including territorial sea, the sea-bed, the insular shelves, and
other submarine areas over which the Philippines has sovereignty or jurisdiction.

b. Vessel. Any vessel or watercraft used for transport of passengers and cargo from one place to
another through Philippine Waters. It shall include all kinds and types of vessels or boats used in
fishing.

c. Philippine Highway. It shall refer to any road, street, passage, highway and bridges or other
parts thereof, or railway or railroad within the Philippines used by persons, or vehicles, or
locomotives or trains for the movement or circulation of persons or transportation of goods,
articles, or property or both.

d. Piracy. Any attack upon or seizure of any vessel, or the taking away of the whole or part
thereof or its cargo, equipment, or the personal belongings of its complement or passengers,
irrespective of the value thereof, by means of violence against or intimidation of persons or force
upon things, committed by any person, including a passenger or member of the complement of
said vessel, in Philippine waters, shall be considered as piracy. The offenders shall be considered
as pirates and punished as hereinafter provided.

e. Highway Robbery/Brigandage. The seizure of any person for ransom, extortion or other
unlawful purposes, or the taking away of the property of another by means of violence against or
intimidation of person or force upon things of other unlawful means, committed by any person on
any Philippine Highway.

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Section 3. Penalties. Any person who commits piracy or highway robbery/brigandage as herein defined,
shall, upon conviction by competents court be punished by:

a. Piracy. The penalty of reclusion temporal in its medium and maximum periods shall be
imposed. If physical injuries or other crimes are committed as a result or on the occasion thereof,
the penalty of reclusion perpetua shall be imposed. If rape, murder or homicide is committed as a
result or on the occasion of piracy, or when the offenders abandoned the victims without means
of saving themselves, or when the seizure is accomplished by firing upon or boarding a vessel,
the mandatory penalty of death shall be imposed.

b. Highway Robbery/Brigandage. The penalty of reclusion temporal in its minimum period shall be
imposed. If physical injuries or other crimes are committed during or on the occasion of the
commission of robbery or brigandage, the penalty of reclusion temporal in its medium and
maximum periods shall be imposed. If kidnapping for ransom or extortion, or murder or homicide,
or rape is committed as a result or on the occasion thereof, the penalty of death shall be imposed.

Section 4. Aiding pirates or highway robbers/brigands or abetting piracy or highway

robbery/brigandage. Any person who knowingly and in any manner aids or protects pirates or highway
robbers/brigands, such as giving them information about the movement of police or other peace officers
of the government, or acquires or receives property taken by such pirates or brigands or in any manner
derives any benefit therefrom; or any person who directly or indirectly abets the commission of piracy or
highway robbery or brigandage, shall be considered as an accomplice of the principal offenders and be
punished in accordance with the Rules prescribed by the Revised Penal Code.

It shall be presumed that any person who does any of the acts provided in this Section has performed
knowingly, unless the contrary is proven.

Section 5. Repealing Clause. Pertinent portions of Act No. 3815, otherwise known as the Revised Penal
Code; and all laws, decrees, or orders or instructions, or parts thereof, insofar as they are inconsistent
with this Decree are hereby repealed or modified accordingly.

Section 6. Effectivity. This Decree shall take effect upon approval.

Done in the City of Manila, this 8th day of August, in the year of Our Lord, nineteen hundred and seventy-
four.

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REPUBLIC ACT No. 6235

AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND FOR OTHER
PURPOSES.

Section 1. It shall be unlawful for any person to compel a change in the course or destination of an
aircraft of Philippine registry, or to seize or usurp the control thereof, while it is in flight. An aircraft is in
flight from the moment all its external doors are closed following embarkation until any of such doors is
opened for disembarkation.

It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in Philippine
territory or to seize or usurp the control thereof while it is within the said territory.

Section 2. Any person violating any provision of the foregoing section shall be punished by an
imprisonment of not less than twelve years but not more than twenty years, or by a fine of not less than
twenty thousand pesos but not more than forty thousand pesos.

The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-five thousand
pesos but not more than fifty thousand pesos shall be imposed upon any person committing such
violation under any of the following circumstances:

1. Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft;

2. Whenever he has exploded or attempted to explode any bomb or explosive to destroy the
aircraft; or

3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape.

Section 3. It shall be unlawful for any person, natural or juridical, to ship, load or carry in any passenger
aircraft operating as a public utility within the Philippines, and explosive, flammable, corrosive or
poisonous substance or material.

Section 4. The shipping, loading or carrying of any substance or material mentioned in the preceding
section in any cargo aircraft operating as a public utility within the Philippines shall be in accordance with
regulations issued by the Civil Aeronautics Administration.

Section 5. As used in this Act

(1) "Explosive" shall mean any substance, either solid or liquid, mixture or single compound,
which by chemical reaction liberates heat and gas at high speed and causes tremendous
pressure resulting in explosion. The term shall include but not limited to dynamites, firecrackers,
blasting caps, black powders, bursters, percussions, cartridges and other explosive materials,
except bullets for firearm.

(2) "Flammable" is any substance or material that is highly combustible and self-igniting by
chemical reaction and shall include but not limited to acrolein, allene, aluminum dyethyl
monochloride, and other aluminum compounds, ammonium chlorate and other ammonium
mixtures and other similar substances or materials.

(3) "Corrosive" is any substance or material, either liquid, solid or gaseous, which through
chemical reaction wears away, impairs or consumes any object. It shall include but not limited to
alkaline battery fluid packed with empty storage battery, allyl chloroformate, allytrichlorosilane,
ammonium dinitro-orthocresolate and other similar materials and substances.

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 (4) "Poisonous" is any substance or materials, except medicinal drug, either liquid, solid or
gaseous, which through chemical reactions kills, injuries or impairs a living organism or person,
and shall include but not limited to allyl isothiocyanate, ammunition (chemical, non-explosive but
containing Class A, B or poison), aniline oil, arsine, bromobenzyle cyanide, bromoacetone and
other similar substances or materials.

Section 6. Any violation of Section three hereof shall be punishable by an imprisonment of at least five
years but not more than ten years or by a fine of not less than ten thousand pesos but not more than
twenty thousand pesos: Provided, That if the violation is committed by a juridical person, the penalty shall
be imposed upon the manager, representative, director, agent or employee who violated, or caused,
directed, cooperated or participated in the violation thereof: Provided, further, That in case the violation is
committed in the interest of a foreign corporation legally doing business in the Philippines, the penalty
shall be imposed upon its resident agent, manager, representative or director responsible for such
violation and in addition thereto, the license of said corporation to do business in the Philippines shall be
revoked.

Any violation of Section four hereof shall be an offense punishable with the minimum of the penalty
provided in the next preceding paragraph.

Section 7. For any death or injury to persons or damage to property resulting from a violation of Sections
three and four hereof, the person responsible therefor may be held liable in accordance with the
applicable provisions of the Revised Penal Code.

Section 8. Aircraft companies which operate as public utilities or operators of aircraft which are for hire
are authorized to open and investigate suspicious packages and cargoes in the presence of the owner or
shipper, or his authorized representatives if present; in order to help the authorities in the enforcement of
the provisions of this Act: Provided, That if the owner, shipper or his representative refuses to have the
same opened and inspected, the airline or air carrier is authorized to refuse the loading thereof.

Section 9. Every ticket issued to a passenger by the airline or air carrier concerned shall contain among
others the following condition printed thereon: "Holder hereof and his hand-carried luggage(s) are subject
to search for, and seizure of, prohibited materials or substances. Holder refusing to be searched shall not
be allowed to board the aircraft," which shall constitute a part of the contract between the passenger and
the air carrier.

Section 10. The Civil Aeronautics Administration is hereby directed to promulgate within one month after
the approval of this Act such regulations as are provided in Section four hereof and cause the publication
of such rules and regulations in the Official Gazette and in a newspaper of national circulation for at least
once a week for three consecutive weeks. Such regulations shall take effect fifteen days after publication
in the Official Gazette.

Section 11. This Act shall take effect after the publication mentioned in the preceding section.

Approved: June 19, 1971

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Republic Act No. 7438 April 27, 1992

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER

CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND
INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every human being
and guarantee full respect for human rights.

Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public
Officers. –

(a) Any person arrested detained or under custodial investigation shall at all times be assisted by
counsel.

(b) Any public officer or employee, or anyone acting under his order or his place, who arrests,
detains or investigates any person for the commission of an offense shall inform the latter, in a
language known to and understood by him, of his rights to remain silent and to have competent
and independent counsel, preferably of his own choice, who shall at all times be allowed to confer
privately with the person arrested, detained or under custodial investigation. If such person
cannot afford the services of his own counsel, he must be provided with a competent and
independent counsel by the investigating officer.lawphi1Ÿ

(c) The custodial investigation report shall be reduced to writing by the investigating officer,
provided that before such report is signed, or thumbmarked if the person arrested or detained
does not know how to read and write, it shall be read and adequately explained to him by his
counsel or by the assisting counsel provided by the investigating officer in the language or dialect
known to such arrested or detained person, otherwise, such investigation report shall be null and
void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel or in the
latter's absence, upon a valid waiver, and in the presence of any of the parents, elder brothers
and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or
priest or minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall
be inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised
Penal Code, or under custodial investigation, shall be in writing and signed by such person in the
presence of his counsel; otherwise the waiver shall be null and void and of no effect.

(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or
conferences with any member of his immediate family, or any medical doctor or priest or religious
minister chosen by him or by any member of his immediate family or by his counsel, or by any
national non-governmental organization duly accredited by the Commission on Human Rights of
by any international non-governmental organization duly accredited by the Office of the President.
The person's "immediate family" shall include his or her spouse, fiancé or fiancée, parent or child,
brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or
ward.

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As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person
who is investigated in connection with an offense he is suspected to have committed, without prejudice to
the liability of the "inviting" officer for any violation of law.

Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected by the
case, those charged with conducting preliminary investigation or those charged with the prosecution of
crimes.

The assisting counsel other than the government lawyers shall be entitled to the following fees;

(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with
light felonies;lawphi1©alf

(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with
less grave or grave felonies;

(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with
a capital offense.

The fee for the assisting counsel shall be paid by the city or municipality where the custodial
investigation is conducted, provided that if the municipality of city cannot pay such fee, the
province comprising such municipality or city shall pay the fee: Provided, That the Municipal or
City Treasurer must certify that no funds are available to pay the fees of assisting counsel before
the province pays said fees.

In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can
only be detained by the investigating officer in accordance with the provisions of Article 125 of the
Revised Penal Code.

Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating officer,
who fails to inform any person arrested, detained or under custodial investigation of his right to remain
silent and to have competent and independent counsel preferably of his own choice, shall suffer a fine of
Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more
than ten (10) years, or both. The penalty of perpetual absolute disqualification shall also be imposed upon
the investigating officer who has been previously convicted of a similar offense.

The same penalties shall be imposed upon a public officer or employee, or anyone acting upon
orders of such investigating officer or in his place, who fails to provide a competent and
independent counsel to a person arrested, detained or under custodial investigation for the
commission of an offense if the latter cannot afford the services of his own counsel.

(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate
family of a person arrested, detained or under custodial investigation, or any medical doctor or
priest or religious minister chosen by him or by any member of his immediate family or by his
counsel, from visiting and conferring privately with him, or from examining and treating him, or
from ministering to his spiritual needs, at any hour of the day or, in urgent cases, of the night shall
suffer the penalty of imprisonment of not less than four (4) years nor more than six (6) years, and
a fine of four thousand pesos (P4,000.00).lawphi1©

The provisions of the above Section notwithstanding, any security officer with custodial responsibility over
any detainee or prisoner may undertake such reasonable measures as may be necessary to secure his
safety and prevent his escape.

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Section 5. Repealing Clause. – Republic Act No. No. 857, as amended, is hereby repealed. Other laws,
presidential decrees, executive orders or rules and regulations, or parts thereof inconsistent with the
provisions of this Act are repealed or modified accordingly.

Section 6. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the Official
Gazette or in any daily newspapers of general circulation in the Philippines.

Approved: April 27, 1992.lawphi1Ÿ